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Florida Statute 61.505 | Lawyer Caselaw & Research

F.S. 61.505 Case Law from Google Scholar
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The 2023 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.505

61.505 Application to Indian tribes.—

(1) A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.

(2) A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying ss. 61.501-61.523.

(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under ss. 61.524-61.540.

History.—s. 5, ch. 2002-65.

F.S. 61.505 on Google Scholar

F.S. 61.505 on Casetext

Amendments to 61.505

Arrestable Offenses / Crimes under Fla. Stat. 61.505

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.505.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Billie v. Stier
141 So. 3d 584 (Fla. Dist. Ct. App. 2014)
Under the UCCJEA the Miccosukee Tribe is treated as a state in the United States. Section 61.519, Florida Statutes (2012), covers situations where there are simultaneous custody proceedings in this state and in another state. That statute provides that “a court of this state may not exercise its jurisdiction under ss. 61.514–61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part.” § 61.519(1), Fla. Stat. (emphasis added). Additionally, Section 61.505, Florida Statutes (2012), states that a custody determination pertaining to an Indian child made by a tribal court must be recognized by Florida if the determination was “made by the tribe under factual circumstances in substantial conformity with jurisdictional standards of [the UCCJEA].” § 61.505, Fla. Stat. (emphasis added). Under those sections, if the Tribal Court in this case had substantially complied with the requirements of the UCCJEA, it would have jurisdiction and not the court of the State of Florida.
PAGE 586
Billie v. Stier
No. 3D13-3180 (Fla. Dist. Ct. App. Apr. 23, 2014)
Under the UCCJEA the Miccosukee Tribe is treated as a state in the United States. Section 61.519, Florida Statutes (2012), covers situations where there are simultaneous custody proceedings in this state and in another state. That statute provides that "a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part." § 61.519(1), Fla. Stat. (emphasis added). Additionally, Section 61.505, Florida Statutes (2012), states that a custody determination pertaining to an Indian child made by a tribal court must be recognized by Florida if the determination was "made by the tribe under factual circumstances in substantial conformity with jurisdictional standards of [the UCCJEA]." § 61.505, Fla. Stat. (emphasis added). Under those sections, if the Tribal Court in this case had substantially complied with the requirements of the UCCJEA, it would have jurisdiction and not the court of the State of Florida.
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Cases from cite.case.law:
BILLIE, v. STIER,, 141 So. 3d 584 (Fla. Dist. Ct. App. 2014)

. . . Additionally, Section 61.505, Florida Statutes (2012), states that a custody determination pertaining . . . factual circumstances in substantial conformity with jurisdictional standards of [the UC-CJEA].” § 61.505 . . . requirements of the UCCJEA and that such failure to comply conferred jurisdiction on the Circuit Court. § 61.505 . . .
MCI TELECOMMUNICATIONS CORPORATION, v. BELLSOUTH TELECOMMUNICATIONS INC. F. J. L. K., 298 F.3d 1269 (11th Cir. 2002)

. . . . § 61.505(b)(1) as a valid and binding regulation. . . .